The Difference Between Divorce and Legal Separation

Legal separation is different from divorce in that the couple will still be legally married, although living apart. Divorce is when a couple decides to permanently terminate their marriage, and they will no longer be legally married after the proceedings have ended. When legal separation is pursued, issues like child custody, visitation, child support, spousal support, and property division must still be decided upon like in a divorce. However, legal separation is less permanent than divorce – since the couple is still legally married, it is much easier for them to reconcile their relationship if they choose.

Why Would You Choose Legal Separation vs. Divorce?

It is much less common for a couple to pursue legal separation over divorce, but legal separation can be better suited for certain situations. Some of the benefits of legal separation include:

Less permanency

Less emotional stress

Possibility of reconciliation after a period of separation

Ability to avoid divorce if opposed for personal or religious reasons

Legal separation is not for everyone, but it can help some couples agree to a living situation that is best suited to their lifestyles. Since legal separation requires the couple to compromise and the results are less permanent, many feel more comfortable and satisfied with a legal separation than a divorce.

Consult with a San Jose Legal Separation Attorney

Legal separation provides a way for struggling couples to take a break and have the time and space they need to work through personal or financial problems without permanently ending their marriage. If you or a loved one is considering legal separation, the San Jose legal separation lawyers at the [firm-name], want to help you and your spouse come to an agreement that will work best for both of you. Contact our offices today at [phone-number] to discuss your options.